Burning Down the House to Roast the Pig: The High Court Retains Advocates’ Immunity

(2005) 28(3) UNSW Law Journal 646

22 Pages Posted: 9 Jun 2013

See all articles by Paula Gerber

Paula Gerber

Monash University - Faculty of Law

Date Written: 2005

Abstract

The High Court of Australia in D’Orta-Ekanaike v Victorian Legal Aid decided to retain advocates immmunity, notwithstanding that the House of Lords in the UK recently abolished it. This article analyses the High Court’s discussion regarding the public policy surrounding advocates’ immunity, and its interpretation of how such policy justifies its retention.

Keywords: advocates immunity, high court, barristers solicitors professional liability

JEL Classification: K41

Suggested Citation

Gerber, Paula, Burning Down the House to Roast the Pig: The High Court Retains Advocates’ Immunity (2005). (2005) 28(3) UNSW Law Journal 646. Available at SSRN: https://ssrn.com/abstract=2276220

Paula Gerber (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
55
rank
354,443
Abstract Views
339
PlumX Metrics